80 FR 55015 - Importation of Citrus From Peru; Expansion of Citrus-Growing Area

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 177 (September 14, 2015)

We are amending the fruits and vegetable regulations to allow citrus fruit from the entire country of Peru to be imported into the continental United States. Currently, the regulations allow the importation of citrus fruit to the United States from five approved citrus-producing zones in Peru, subject to a systems approach. However, based on the findings of a pest list and commodity import evaluation document, we have determined that this systems approach also mitigates the plant pest risk associated with citrus fruit produced in all other areas of Peru. This action will allow the importation of citrus fruit from the entire country of Peru while continuing to provide protection against the introduction of plant pests into the continental United States.

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55015-55016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23039]



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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / 
Rules and Regulations

[[Page 55015]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2015-0005]
RIN 0579-AE09


Importation of Citrus From Peru; Expansion of Citrus-Growing Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the fruits and vegetable regulations to allow 
citrus fruit from the entire country of Peru to be imported into the 
continental United States. Currently, the regulations allow the 
importation of citrus fruit to the United States from five approved 
citrus-producing zones in Peru, subject to a systems approach. However, 
based on the findings of a pest list and commodity import evaluation 
document, we have determined that this systems approach also mitigates 
the plant pest risk associated with citrus fruit produced in all other 
areas of Peru. This action will allow the importation of citrus fruit 
from the entire country of Peru while continuing to provide protection 
against the introduction of plant pests into the continental United 
States.

DATES: Effective September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Senior 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, 
Riverdale, MD 20737-1231; (301) 851-2242.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-72, referred to below as the regulations) 
prohibit or restrict the importation of fruits and vegetables into the 
United States from certain parts of the world to prevent the 
introduction and dissemination of plant pests within the United States. 
The regulations in Sec.  319.56-41 have provided conditions for the 
importation of citrus from five approved citrus-producing zones in 
Peru.
    On May 1, 2015, we published in the Federal Register (80 FR 24838-
24840, Docket No. APHIS-2015-0005) a proposal \1\ to amend Sec.  
319.56-41 to allow citrus from the entire country of Peru to be 
imported into the continental United States based on the findings of a 
pest list and commodity import evaluation document (CIED).
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    \1\ To view the proposed rule, pest list, CIED, and the comments 
we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0005.
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    We solicited comments on the proposal, pest list, and CIED for 60 
days ending June 30, 2015. We received 13 comments by that date. They 
were from producers, exporters, representatives of State and foreign 
governments, U.S. citrus industry representatives, a chamber of 
commerce, a pork producers organization, a port representative, and 
private citizens. All of the commenters supported the action; however, 
one commenter asked if the citrus would be required to undergo cold 
treatment.
    As explained in the proposal, citrus from Peru may be imported into 
the continental United States under a systems approach designated to 
mitigate the risk presented by four species of fruit fly (Anastrepha 
fraterculus, A. obliqua, A. serpentina, and Ceratitis capitata) and a 
Tortricid (Ecdytolopha aurantiana). One of the conditions of the 
systems approach requires that citrus from Peru, except limes, be cold 
treated for fruit flies in accordance with 7 CFR part 305.
    Therefore, for the reasons given in the proposed rule, we are 
adopting the proposed rule as a final rule, without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions we 
no longer find warranted. The shipping season for citrus from Peru is 
in progress. Making this rule effective immediately will allow 
interested producers and others in the marketing chain to benefit 
during this year's shipping season. Therefore, the Administrator of the 
Animal and Plant Health Inspection Service has determined that this 
rule should be effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    The regulations have allowed the importation of fresh grapefruit, 
lime, mandarin, orange, tangerine or hybrids, sweet orange, and tangelo 
from five approved citrus-producing zones in Peru to the United States. 
This rule will allow the importation of these fruits from the entire 
country of Peru into the continental United States under the same 
conditions that have been in place for the five zones. This change is 
expected to increase the area in Peru approved to produce citrus for 
export to the United States to about 1,500 hectares over 3 years. 
Additional volumes of citrus expected to be shipped to the United 
States are 5,000 metric tons (MT) in the first year that the rule is in 
effect, 6,500 MT in the second year, and 8,000 MT in the third year. 
These quantities are equivalent to less than 1 percent of annual U.S. 
citrus production or U.S. citrus imports.
    The primary entities that may be affected by this rule are citrus 
producers, citrus importers, and support industries such as 
packinghouses. Based on data from the 2012 Census of Agriculture and 
Small Business Administration small-entity standards, the majority of 
these operations are small.

[[Page 55016]]

    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule allows citrus to be imported into the continental 
United States from the entire country of Peru. State and local laws and 
regulations regarding citrus imported under this rule will be preempted 
while the fruit is in foreign commerce. Fresh fruits are generally 
imported for immediate distribution and sale to the consuming public, 
and remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
addressed on a case-by-case basis. No retroactive effect will be given 
to this rule, and this rule will not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0433, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2727.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.56-41  [Amended]

0
2. Section 319.56-41 is amended as follows:
0
a. In the introductory text, by adding the word ``continental'' between 
the words ``the'' and ``United States''.
0
b. By removing paragraph (c).
0
c. By redesignating paragraphs (d) through (h) as paragraphs (c) 
through (g), respectively.
0
d. By adding the words ``(Approved by the Office of Management and 
Budget under control number 0579-0433)'' at the end of the section.

    Done in Washington, DC, this 9th day of September 2015.
Michael C. Gregoire,
Associate Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-23039 Filed 9-11-15; 8:45 am]
 BILLING CODE 3410-34-P